Arizona Laws 48-3780.01. Member service area; replenishment reserve
A. Except as provided in subsection B of this section, municipal providers with service areas that qualify under section 48-3780 shall pay to the district annual replenishment reserve charges and replenishment reserve fees as provided in section 48-3772, subsection E, and as follows:
Terms Used In Arizona Laws 48-3780.01
- Credits: means any groundwater in addition to the amount of groundwater that may be used at a member land or delivered within a member service area for use within the member service area pursuant to the applicable assured water supply rules adopted by the department of water resources. See Arizona Laws 48-3701
- District: means a multi-county water conservation district organized under the authority of this chapter. See Arizona Laws 48-3701
- Excess groundwater: means an amount of groundwater equal to that amount of groundwater delivered to a member land in a calendar year or delivered within a member service area by the municipal provider for that member service area in a calendar year in excess of the amount of groundwater that may be used at the member land in that calendar year or that may be delivered by the municipal provider for use within the member service area in that calendar year and consistent with the applicable assured water supply rules adopted by the department of water resources for the active management area where the member land or the member service area is located. See Arizona Laws 48-3701
- Excess groundwater increment: means the amount by which excess groundwater reported for a member service area under section 48-3775, subsection B in any year exceeds the maximum amount of excess groundwater reported for that member service area in any prior year. See Arizona Laws 48-3701
- Member service area: means the service area of a municipal provider that qualifies as a member service area under section 48-3780, including any additions to or extensions of the service area. See Arizona Laws 48-3701
- Municipal provider: means a city, town or private water company or an irrigation district that supplies water for non-irrigation use. See Arizona Laws 48-3701
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Resolution: means a resolution adopted by the governing body of a city or town, by the board of directors of a private water company that is a corporation, by the general partners of a private water company that is a partnership or by the individual owners of a private water company that is individually owned. See Arizona Laws 48-3701
1. A municipal provider with a member service area that qualified before January 1, 2004 shall pay annual replenishment reserve charges for twenty-five years beginning in 2004.
2. A municipal provider with a member service area that qualifies on or after January 1, 2004 shall:
(a) Pay annual replenishment reserve charges associated with each excess groundwater increment for twenty-three years beginning in the year after the excess groundwater increment is reported.
(b) Pay a replenishment reserve fee each year beginning in the year following qualification.
3. If the assured water supply designation of a municipal provider with a member service area is modified in a manner that increases the district’s projected annual replenishment obligation as reported by the director of water resources pursuant to section 45-576, subsection F, the municipal provider shall:
(a) Pay annual replenishment reserve charges associated with each excess groundwater increment for twenty-three years beginning in the year after the excess groundwater increment is reported. Such charges are in addition to any replenishment reserve charges due under paragraphs 1 and 2.
(b) Pay a replenishment reserve fee each year beginning in the year following modification.
B. The district shall not levy annual membership dues, replenishment reserve fees, replenishment reserve charges or a reserve replacement component associated with replenishment activities performed under a resolution adopted pursuant to section 48-3772, subsection B, paragraph 10.
C. The district shall not use credits from a replenishment reserve subaccount established under Section 45-859.01 to satisfy its replenishment obligations under a resolution adopted pursuant to section 48-3772, subsection B, paragraph 10.